ETHNews.com reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the ‘last updated’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
2. USE OF OUR SERVICE
Because we respect the rights of children and parents, you may use the ETHNews.com Service only if you can form a binding contract with ETHNews.com, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.
ETHNews.com employs significant measures to ensure that the information on this website is accurate and current. We cannot, however, accept responsibility for any loss or inconvenience caused by reliance on any material contained in this site. All writers' opinions are their own and do not constitute financial advice in any way whatsoever. The content on the ETHNews.com is provided for informational purposes only. None of the content is intended to be, and does not, constitute financial advice or any other advice. All of the content is general in nature and not specific to you. You should not rely on any ETHNews.com content to make an investment decision. None of the information on ETHNews.com is intended as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any financial product, security or commodity. ETHNews.com is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.
c. Your interaction with other Users.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. ETHNews.com will have no liability for your interactions with other Users, or for any User’s action or inaction. Please treat all other Users with respect.
d. Changes to the Service.
We are always working to provide our Users with new and innovative features. Therefore, ETHNews.com may, without prior notice, change the Service; stop providing the Service or features of the Service to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3. SHARING YOUR CONTENT
a. Your content.
b. How ETHNews.com and other Users can use your content.
Unless you have entered into a separate assignment agreement with ETHNews.com, you own all of the User Content that you post or publish (“post”) on the Service. You grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict ETHNews.com’s rights under any separate content assignment agreements and/or license agreements.
c. Your responsibility for your content.
By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. ETHNews.com reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. ETHNews.com takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. ETHNews.com is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that ETHNews.com shall not be liable for any damages you allege to incur as a result of such User Content.
d. Definition of Intellectual Property Rights.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
4. OUR CONTENT
a. ETHNews.com Content.
Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of ETHNews.com and its licensors (“ETHNews.com Content”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the ETHNews.com Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the ETHNews.com Content, including without limitation any materials or content accessible on the Service. “ETHNews.com,” and other ETHNews.com graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of ETHNews.com protected by the laws of the United States and/or other countries or jurisdictions. ETHNews.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the ETHNews.com Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
b. Our license to you.
Subject to the terms and conditions of this Agreement, ETHNews.com provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. ETHNews.com may terminate this license at any time for any reason or no reason.
5. COPYRIGHT POLICY
ETHNews.com requires that Users of the Service respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (“DMCA”), ETHNews.com will terminate, where warranted as determined in ETHNews.com’s sole discretion, Users whom ETHNews.com believes are intentional and/or repeat infringers. If you believe that your copyright in any material has been infringed on the Service, please send a "DMCA Notice" described below to ETHNews.com’s DMCA Agent. For your DMCA Notice to be valid under the law, you must provide the following information in writing:
a. Identification of the copyrighted work that you claim has been infringed. b. Identification of the material that you claim is infringing, with sufficient detail so that ETHNews.com may readily locate it. c. Information sufficient to permit ETHNews.com to contact you such as your name, address, telephone number, and e-mail address. d. A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. e. A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner. f. The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.
The DMCA Notice must be submitted to the following DMCA Agent:
Attn: DMCA Agent
6800 Owensmouth Avenue, Suite 300
Canoga Park, CA 91303
Phone: (818) 600-4444
7. MOBILE SOFTWARE
a. Our Mobile Software (mobile apps).
We make available mobile applications and other software for mobile devices (“Mobile Software”) to access the Service via a mobile device. To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. ETHNews.com does not warrant that the Mobile Software will be compatible with your mobile device. ETHNews.com hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one ETHNews.com account on one or more mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that ETHNews.com may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and ETHNews.com or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. ETHNews.com reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of our Mobile Software.
b. Mobile Software from iTunes.
You agree to defend, indemnify and hold harmless ETHNews.com, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees and costs) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim for damages that arises as a result of any of your User Content or any that is submitted via your account or ETHNews.com User ID.
9. NO WARRANTY
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ETHNews.com, ITS PARENT, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
10. THIRD-PARTY LINKS, SITES AND SERVICES
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETHNews.com, ITS PARENT, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED DOLLARS ($100), EVEN IF ETHNews.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL ETHNews.com BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. ETHNews.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
ETHNews.com may terminate or suspend the Service in whole or in part without prior notice or liability, for any reason or for no reason. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. GOVERNING LAW
This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state or federal court located in Los Angeles, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
14. MISCELLANEOUS TERMS
a. Entire Agreement/Severability.
This Agreement, together with any amendments and any additional agreements you may enter into with ETHNews.com in connection with the Service, shall constitute the entire agreement between you and ETHNews.com concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable by you except with ETHNews.com's prior written consent. ETHNews.com may transfer, assign or delegate this Agreement and its rights and obligations without consent.
Please contact us at support@ETHNews.com with any questions regarding this Agreement.
This Agreement was last updated on: May 27, 2016